Ask Experts Questions for FREE Help !
Ask
    Karel's Avatar
    Karel Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 19, 2008, 04:13 PM
    Tenant Signed Lease Without Giving Deposit or Rent Monies
    Tenant and landlord have signed a lease for a residential home in California. No money has yet to be exchanged. Tenant has not moved in to the home. Is the lease still binding?
    LILL's Avatar
    LILL Posts: 212, Reputation: 15
    Full Member
     
    #2

    Jan 19, 2008, 04:39 PM
    As long as it's signed and it's intent is clear, then it's legally binding.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jan 19, 2008, 04:58 PM
    Well maybe, a true contract by contract law (first year law school) is not binding until there is some payment, and/or at least some action on one of the parties, to act upon the contract in a manner as if the contract is valid.

    So if the landlord allowed the tenant to move in, then it can be assumeed that the lease is valid, since both parties acted on it, one by letting them movein ( give them key) and the other by moving in.

    Also if there was a promise of the money to be paid, i.e." I will pay you friday" then they signed the contract and there was a agreement to be paid.

    California is fairly tenant bias, so if this goes to court, I would guess the tenant could perhaps get out of it, or force the landlord to honor it.
    But that is again my guess.

    In the end, I may end up to the opinon of the judge if it goes that far.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How to enforce lease term/collect due rent when tenant breaks lease [ 8 Answers ]

My tenant who signed a 12-month lease in November just told me she is moving out in less than a week. She took it upon herself to prorate this month's rent. I would like to enforce the lease agreement and collect the rent for the remaining months of the term, but I need to know how to go about...

CA: Signed lease/gave deposit but owners made changes to apt. [ 4 Answers ]

I live in Los Angeles and my boyfriend and I recently signed a lease and gave a security deposit for a one bedroom apartment. The apartment had recently been renovated, and when we originally went to look at it, the appliances were not installed yet (stove, fridge, washer/dryer). But we were told...

No signed lease,no deposit how I can evict her? [ 2 Answers ]

I rented a house in CA for 5K,month,one year written agreement.then I decided that I can allow to live in this house somebody to help me to pay the rent.at the same day this person came to the house,I discover that there is a lot of mold in the ...

Student Housing lease signed, no lease or security deposit. Can I cancel lease? [ 2 Answers ]

I have a student housing house. I require a $200 non-refundable lease deposit within 15 days of signing the lease (in this case it was due March 15). A $300 secutity deposit due June 1, and the rent less the lease deposit due August 28. I have a student that signed the lease, but never sent...

Never signed lease. Behind on rent. [ 6 Answers ]

Never signed lease on current apartment. Current apartment #10 wasn't available when I moved. Landlord gave me smaller apartment #5 (I did sign lease on #5) & I then moved into #10 a month later. (He just handed over keys to #10). Due to a whole different mess, my checks to landlord didn't go...


View more questions Search